The Bureau of Reclamation has released for public review the Draft Environmental Assessment and Finding of No Significant Impact for an exchange of Central Valley Project Water involving the Westlands Water District, San Luis Water District, and the Metropolitan Water District of Southern California.
The exchange program would deliver in 2010 a total of up to 150,000 acre-feet of Central Valley Project (CVP) water from the Westlands Water District and San Luis Water District to the Metropolitan Water District of Southern California (MWD).
In 2011, the MWD, a State Water Project (SWP) contractor, would return two-thirds of the total amount delivered from their exchange with Westlands Water District and the San Luis Water District. Under the proposed action, CVP water would be delivered outside of the CVP’s permitted place of use. For 2009-2010, a petition was successfully filed and an order was issued by the State Water Resources Control Board (SWRCB) consolidating the respective places of use of the SWP and CVP water. A similar order of consolidation has been filed for 2010-2011 with the SWRCB.
The Draft Environmental Assessment and Finding of No Significant Impact (EA/FONSI) were prepared in accordance with the National Environmental Policy Act and are available online at http://www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=6416. If you encounter problems accessing the document online, please call 916-978-5100 or e-mail firstname.lastname@example.org.
Please send written comments to Chuck Siek, Bureau of Reclamation, 1243 N Street, Fresno, CA 93721, by Sept. 30, 2010. Comments may also be faxed to Mr. Siek at 559-487-5194, or e-mailed to email@example.com. For additional information or to request a copy of the Draft EA/FONSI, please contact Mr. Siek at 559-487-5138 (TTY 800-735-2929). Copies of the Draft EA/FONSI may also be viewed at Reclamation’s Fresno office at the above address.
Cadiz Inc. announced on April 21 that Los Angeles
Superior Court Judge Jane Johnson issued favorable final
rulings late Friday of last week on a number of pre-trial
motions in the Company’s case against the Metropolitan
Water District of Southern California (“Metropolitan”). In
the case, Cadiz is seeking to hold Metropolitan accountable
for breaching its fiduciary obligations resulting from a long-
term partnership between the two parties to develop a
secure water supply for southern California. From 1998-
2002, Cadiz and Metropolitan worked together as partners
to develop the Cadiz Groundwater Storage and Dry-Year
Supply Program (“Cadiz Program”) through an extensive
environmental and technical review that culminated in
approval of the Cadiz Program by the Federal Government.
Upon making her ruling, Judge Johnson also set the trial
date for May 5, 2008, pending the outcome of a mandatory
settlement conference that is to be held on April 30, 2008. In
her ruling on the most recent motions, Judge Johnson:
Denied Metropolitan’s motion to strike the request for a
jury trial, so that a jury of Southern California citizens will
now have the opportunity to review the facts in the case and
evaluate Metropolitan’s testimony in court.
Denied Metropolitan’s motions to exclude the testimony
of an expert witness, who has valued Cadiz’s damages at
between $397 – $673 million.
Denied Metropolitan’s motion to exclude evidence of
damages resulting from its failure to accept a right-of-way
grant offered for the Cadiz Program and its failure to certify
the Final Environmental Impact Report for the Cadiz
Originally proposed in 1997, the Cadiz Program would
have built and operated facilities in eastern San Bernardino
County for aquifer storage of imported Colorado River water
available during wet years, and for delivery of previously
stored Colorado River water and indigenous groundwater for
use within Metropolitan’s Southern California service area
during droughts, emergencies, and other periods of need.
In September 2001, following four years of environmental
review, a Final Environmental Impact Statement (“FEIS”)
and Final Environmental Impact Report (“FEIR”) were
issued by the U.S. Bureau of Land Management and
Metropolitan, in collaboration with the U.S. Geological
Survey and the National Park Service.
The FEIS/FEIR included one of the most comprehensive
groundwater monitoring and management plans ever
proposed in California to ensure protection of critical
resources in and surrounding the Cadiz Program area. On
August 29, 2002, the U.S. Department of the Interior
(“DOI”) issued a Record of Decision (“ROD”), the final step in
the federal environmental review process. The ROD
included approval of the FEIS for the Cadiz Program and
offered a right-of-way grant for the Project’s conveyance
pipeline and electrical transmission line.
However, in October 2002, Metropolitan’s Board of
Directors decided not to proceed with the Program, declined
to accept the right-of-way grant authorized by the DOI, and
declined to consider the FEIR, which was the final step in
the California Environmental Quality Act (“CEQA”) process.
As a result, no other public agency or private party could
move forward with implementation of the program.
In April 2003 Cadiz filed a claim against Metropolitan
seeking compensatory damages for Metropolitan’s failure to
make these entitlements available to Cadiz. When
settlement negotiations failed to produce a resolution, Cadiz
filed the lawsuit against Metropolitan on November 17,
Cadiz Inc._ Courtney Degener, Investor Relations Manager_213-271-1600_or_Mercury Public Affairs_
Laura Braden / Adam Mendelson_213-880-4636
In an effort to solve a decades-long water resources battle, Representative Mary Bono Mack (CA-45) testified in the House Water and Power Subcommittee on her legislation, H.R. 4841, the Soboba Band of Luiseño Indians Settlement Act of 2007, which would resolve an ongoing lawsuit over water resources in Riverside County and has generated broad local support.
According to Bono Mack, H.R. 4841 will provide long-term sustainability of the San Jacinto River Valley’s water supply by bringing new sources of water to local residents.??
Bono Mack’s bill has generated broad local support, including the Soboba Band of Luiseño Indians, the City of Hemet, the City of San Jacinto, the Metropolitan Water District, Lake Hemet Water District, and Eastern Municipal Water District for its collaborative approach that would assist both the Tribe and local residents with critical water infrastructure needs.
Specifically, H.R. 4841 resolves a lawsuit currently pending in the United States District Court in California – Soboba Band of Luiseño Indians v. Metropolitan Water District of Southern California. Filed in April 2000, the lawsuit mainly sought damages and injunctive relief for the continuing drainage of water from the Tribe’s Reservation into Metropolitan Water District’s San Jacinto Tunnel, which was ongoing since the Tunnel’s construction in 1932. The Tunnel was constructed by Metropolitan Water District in order to transport water from the Colorado River to portions of southern California. Bono Mack’s legislation would ratify the June 2006 Settlement reached by the Tribe, Metropolitan Water District and the Eastern and Lake Hemet Municipal Water Districts.
Thursday March 13 U.S. Representative Mary Bono
A series of four agreements was authorized December 11 by Metropolitan Water District’s Board of Directors that will clear the way for historic federal guidelines that would for the first time, determine how water shortages are shared along the Colorado River.
With U.S. Interior Secretary Dirk Kempthorne expected to sign the landmark federal conservation and reservoir operations plan for the Colorado River, Metropolitan’s board authorized General Manager Jeff Kightlinger to finalize related documents that will facilitate the plan and would shield California from the impacts of potential water shortages. The agreement also would allow agencies to develop and store new water supplies.
The foundation of the proposed federal plan, which would be in effect through 2026, are guidelines for the Interior Department to declare shortages on the Colorado River and how shortages would be shared among the lower basin states—California, Arizona and Nevada—as Lake Mead storage levels recede.
Under the federal accord, Arizona and Nevada would first realize the initial stepped shortages based on how far Lake Mead storage levels drop. The plan also calls for storage levels in Lake Mead and Powell to be coordinated to manage water more efficiently and lessen the risk of shortages to states in the upper and lower Colorado River basins.
“One of the most creative elements of the Colorado River plan would allow Metropolitan to store in Lake Mead up to 400,000 acre-feet of water produced a year through system efficiency projects for future use,” Kightlinger said. “That water would be generated through our existing conservation programs with the Imperial Irrigation District and the Palo Verde Irrigation District as well as through potential desalination projects.”
In advance of the federal agreement, Metropolitan partnered with the Bureau of Reclamation in a demonstration project that stored 50,000 acre-feet of water in Lake Mead during 2006. Metropolitan plans to recover the stored supplies in 2008 to address the state’s continuing dry conditions. An acre-foot is nearly 326,000 gallons of water, about the amount used by two typical Southern California families in and around their homes in a year.
Along with supplies from Northern California deliveries through the State Water Project, the Colorado River is a primary water source for urban Southern California, serving as the backbone of Metropolitan’s supplies for more than 65 years.
Agreements authorized by Metropolitan’s board would preclude other agencies in the lower basin from claiming water conserved and stored in Lake Mead by another state, and would guarantee delivery of the developed supplies.
Contact:? Metropolitan Water District of Southern California?Bob Muir, 213-217-6930; 213-324-5213, mobile http://www.mwdh2o.com/mwdh2o/pages/news/press_releases/2007-12/Colorado_River.pdf
Cadiz Inc. (Nasdaq: CDZI) announced August 30 an update on its litigation against the Metropolitan Water District of Southern California. As previously reported, the Los Angeles County Superior Court had scheduled a hearing for August 30, to hear Motions for Summary Judgment brought by both Cadiz and Metropolitan. By the Court’s order, the hearing has been rescheduled for October 4, 2007. The trial will now commence April 7, 2008.
Cadiz filed litigation against Metropolitan in November 2005 seeking damages for Metropolitan’s failure to complete the environmental review of the Cadiz Groundwater Storage and Dry-Year Supply Program including its failure to accept permits that had been offered by the U.S. Department of the Interior that would have allowed the Cadiz Program to be implemented with other participating water agencies. Full details of the litigation can be found in the Company’s public filings.
Originally proposed in 1997, the Cadiz Program would have built and operated facilities for conjunctive-use aquifer storage of imported Colorado River water, and for extraction and delivery of stored Colorado River water and indigenous groundwater to Metropolitan’s service area.
Despite Metropolitan’s decision not to proceed with the Program in 2002 and the ongoing litigation, the Company has continued to pursue the implementation of the Cadiz Program. In early 2007, we filed permit applications and updated environmental documents with San Bernardino County in an effort to complete the California Environmental Quality Act (“CEQA”) review of the Program. In August, the County deemed those applications complete and is now preparing a schedule for CEQA review.
Cadiz Inc.?Courtney Degener, Investor Relations Manager?213.271.1600; Bob Muir, (213) 217-6930; (213) 324-5213, mobile